Contents

Final Business and Regulatory Impact Assessment

Title of Proposal

Housing (Scotland) Act 2014 -Reform of mobile home site
licensing system

Purpose and intended effect

Background

1. Mobile homes are a small but important part of the housing
mix in Scotland. While legally defined as caravans many modern
mobile homes resemble small bungalows rather than caravans. The
larger ones are sometimes referred to as "park homes", and can
consist of two parts which are bolted together on site. An
increasing number of people live permanently in mobile homes. Many
of these residents are elderly, as these homes are commonly
marketed as desirable and affordable retirement properties.

2. Research by Consumer Focus identified 92 mobile home sites in
Scotland, with around 3,314 mobile homes
[1]. The majority of sites have fewer than 50 residential homes,
and 22 out of 32 local authorities confirmed they have at least one
mobile home site in their area. Sites are concentrated in 6 local
authority areas: Perth and Kinross, Dumfries and Galloway, Fife,
Angus, Argyll and Bute, and Aberdeen.
[2] The 2011 Census reported that 6,950 people lived in a
caravan or other mobile or temporary structure.

3. While many sites are well run there is evidence that there
are unscrupulous site owners who exploit current weaknesses in the
legislation. The provisions in the Act are part of a set of
measures that are intended to significantly strengthen the
protections enjoyed by permanent mobile home residents.

Objective

4. The current licensing system is weak, and lacks the tools
necessary to effectively tackle poor site management and standards.
The aim of the changes is to establish a robust, modern, licensing
system that improves the lives of residents by having a system that
means site standards are maintained, site owners pass a 'fit and
proper person' test, and local authorities have the tools to tackle
unscrupulous site owners. The changes do that by establishing a
mobile home site licensing system that:

focusses on the licence applicant (whether they are applying
for their first site licence or to renew an existing one), and
their fitness to have a site licence;

gives local authorities a range of powers, and appropriate
discretion in deciding how to use them, in relation to the
granting, management, and revocation of licences;

ensures licence conditions are observed, and enables action
to be taken by local authorities to address significant problems
with sites;

introduces five year licence terms;

provides for site owners and site licence applicants to
appeal against decisions by the local authority.

5. The changes we are making contribute to the following
National Outcomes:

"We live in well-designed, sustainable places where we are
able to access the amenities and services we need."

"We value and enjoy our built and natural environment and
protect it and enhance it for future generations."

"Our public services are high quality, continually improving,
efficient and responsive to local people's needs."

6. The policy also contributes to the Government's Purpose,
which is to focus government and public services on creating a more
successful country, with opportunities for all of Scotland to
flourish, through increasing sustainable economic growth. The
Government's approach to delivering this is set out in Scotland's
Economic Strategy
[3], published in March 2015.

UK Policy

7. The problems within the mobile homes industry are not unique
to Scotland. The
UK Government and Welsh
Government have developed similar proposals for change in their
jurisdictions. In England, the Mobile Homes Act 2013 updates and
strengthens the licensing regime that applies in England in ways
that are similar to the 2014 Act. In Wales, the Mobile Homes
(Wales) Act 2013 which came into effect on 1 October 2014,
established a licensing system similar to our proposals. Scottish
Government officials are in contact with colleagues in the Welsh
Assembly Government to learn from their experience of implementing
a new licensing system.

EU Policy

8. We anticipate no
EU or wider international
implications.

Rationale for Government intervention

9. The current licensing regime has the potential to be
exploited by unscrupulous site owners. The 2014 Act changes give
local authorities the tools necessary to tackle problems with site
owners and ensure licence conditions (and therefore good site
standards) are met. There have been persistent concerns about the
actions of unscrupulous site owners, with a stronger licensing
system needed to enable local authorities to tackle poor sites and
site owners who exploit the current weak arrangements.

Consultation

Within Government

10. We have consulted with relevant colleagues in other parts of
housing (such as those with experience of other licensing regimes),
planning, and justice colleagues about our proposals.

Public Consultation

11. We formally consulted on our proposals for site licensing
from 21 May to 13 August 2012. 129 responses were received. 53 of
these were from groups or organisations, and 76 were from
individual members of the public. Of the 53 group responses 13 were
from local authorities, 9 from mobile home resident groups, 4 by
bodies connected with or representing various aspects of the mobile
home or holiday park industries, and 21 from owners and operators
of mobile home and/or holiday sites. 55 of the 76 responses from
individuals drew on one of three versions of a set of answers, and
were collated and submitted by residents of two mobile homes.

12. The key points raised in the consultation were that:

i) Those respondents who approached the proposals from the
perspective of mobile home residents were generally supportive of
the proposed changes, and often expressed clear support for an
enhanced licensing and inspection regime.

ii) Respondents who approached the proposals from the
perspective of the mobile home industry disagreed with some of the
suggested changes. They often suggested that the proposed regime
would impose additional administrative and financial burdens on
reputable site owners, but would be unlikely to tackle the problems
created by a small number of less scrupulous owners.

iii) Respondents from the industry (industry bodies, site
owners, and individuals who appeared to be site owners) often
focused their comments on how the proposals would affect that part
of the industry with which they were most closely connected. This
applied particularly to respondents who were concerned about the
regime being applied to holiday sites.

iv) Local authority respondents were supportive of the need for
change and of the requirement for an enhanced licensing regime.
Local authority respondents were also generally in agreement with
most or all of the proposals as put forward. However some did
express reservations about certain aspects of the proposals, and
were looking for them to be strengthened.

13. A partial Business and Regulatory Impact Assessment was
included in a previous consultation paper in 2010 that set out
proposals to reform the site licensing system.

14. Since May 2012, we have undertaken continuing informal
consultation and discussion with key stakeholders, including the
main trade body, the British Home & Holiday Parks Association (
BH&
HPA). The
Residential Mobile Homes Stakeholder Working Group discussed the
site licensing proposals, and officials have discussed the new site
licensing system and its implementation with representatives from
bodies including:

local authorities;

COSLA;

British Holiday and Home Parks Association;

Independent Park Home Advisory Service;

National Association of Park Home Residents;

15. In response to the formal consultation and discussion with
the industry we decided the new licensing regime should only cover
mobile home sites which are for permanent residents. This reflected
views expressed in the consultation by businesses about the effect
the proposals would have on holiday sites. Mobile homes on holiday
parks, which are only occupied for some of the year, are therefore
not covered by the proposals. This was a significant change in the
policy, made in response to the views we received from the mobile
home industry.

16. Our proposals to reform the site licensing system were
passed by the Scottish Parliament as part of the Housing (Scotland)
Act 2014. Officials developed proposals for the details of the
operation of the system within the framework set out by the Act. We
held a further public consultation on these proposals, which
included draft Regulations showing how the proposals could be
implemented. There were 30 responses to the consultation, with 5
from community and residents' groups, 8 from local authorities, and
3 from private sector organisations or trade bodies. (13 responses
were from individuals).

17. The consultation responses were considered and analysed
independently of government
[4]. There was general support for the proposals in the draft
Regulations, with some comments on how they could be improved or
altered. In response to comments made by the industry we:

removed the requirement for site owners to resubmit
information when they apply to renew a licence. Those applying to
renew a licence issued under the new system will only need to
send a local authority information which has changed since their
last renewal or original licence application;

will highlight in statutory guidance to local authorities the
importance of charging a fee that covers the cost they expect to
incur in handling an application or a renewal. For example, if
licence renewals do not require a site visit a local authority
should ensure it is not including the cost of one in its renewal
fee. We plan to publish the guidance in early 2017.

will encourage local authorities (through the statutory
guidance) to make decisions on licence transfers speedily,
wherever possible. We will highlight that transfer applications
will often be taking place as part of a commercial transaction to
sell the park to a new owner, and it is therefore important that
a decision is made quickly for all but the most complex
cases.

Business

18. We have been in regular contact with the main trade body,
the
BH&
HPA, on the
site licensing proposals and have interviewed site owners. Given
the impact the changes could potentially have on local authorities
we have also met with officials from local authorities involved in
site licensing work.

19. In addition to the formal consultations, colleagues in the
Scottish Government's Communities Analytical Services carried out
an analysis of the mobile home industry in Scotland. This analysis
included desk research of previous studies, and a survey sent to
site owners of residential, holiday and mixed parks. The
quantitative analysis from the survey was complemented with
in-depth interviews with local authorities' officials. The survey
was sent in July 2012 and included questions on number of units,
sales of new and existing units, average pitch fees, and share of
income streams over total income during 2010 and 2011, in addition
to the average share over the last 10 years. A total of 23
responses were received. The survey helped to inform us further
about the mobile home industry in Scotland and was useful in
assessing the impact site licensing changes might have on
business.

Options

20. The Scottish Government consulted on a package of measures
in 2012. These were:

introducing required statutory minimum information that site
owners would have to provide with a site licence
application;

introducing a 'fit and proper person' test, to be applied to
those controlling the running and management of a site

limiting the duration of site licences, so they run for a
period of years (possibly three years) before being renewed;

changes to the process for issuing site licences, and
adjusting the current statutory timescales;

a power for a local authority to charge a fee for a licence;
and

measures for the enforcement of site licences. These included
giving local authorities the power to issue Improvement Notices
and Penalty Notices, to enter a site and carry out works to
improve a site, and to revoke a licence. We also consulted on a
substantial increase in the maximum fine for a site owner failing
to meet their obligations from £2,500 to
£50,000.

21. The proposals above form a closely linked suite of changes,
working together to reinforce the system as a whole. The options we
therefore considered were mainly focussed the applicability of the
new regime (
e.g. which sites should be
covered by the existing regime).

Option 1- Do Nothing

22. Under this option the current arrangements for issuing and
enforcing site licences would continue.

Sectors and Groups Affected

23. We believe that doing nothing would affect the following
groups to a greater or lesser extent:

site owners

residents

local authorities

Benefits

24. No additional costs incurred. Site owners would not have to
pay licence fees.

Costs

25. The problems with the current arrangements would continue.
Local authority powers to take enforcement action against
unscrupulous site owners would remain limited.

Option 2 - change the system for new sites only, and leave
already licensed sites under the current regime.

Sectors and Groups Affected

26. We believe that each of the options we have considered will
affect the following groups to a greater or lesser extent:

site owners

residents

local authorities

Benefits

27. No additional costs incurred for existing businesses.

Costs

28. This option would lead to an unbalanced sector, with already
licensed sites subject to a less rigorous and effective regime.
This would mean new entrants into the market were at a
disadvantage, as they would need to meet requirements not applied
to sites that were already in existence. The issues with the
current licensing regime would also continue for existing
sites.

29. We believe that each of the options we have considered will
affect the following groups to a greater or lesser extent:

site owners

residents

local authorities

Benefits

30. Lower costs for site owners, as the requirement to regularly
reapply for a licence would be removed.

Costs

31. This option would mean that there was no regular mechanism
for reviewing a site's condition and licence conditions. This could
mean local authorities were more likely to need to use enforcement
tools such as Penalty Notices and Improvement Notices, with the
associated costs for local authorities and site owners that would
bring about.

Option 4 - create time limited licences and strengthened
enforcement, but do not introduce the fit and proper person
test.

Sectors and Groups Affected

32. We believe that each of the options we have considered will
affect the following groups to a greater or lesser extent:

site owners

residents

local authorities

Benefits

33. This would remove the requirement for those involved in
running a site to pass the fit and proper person test. This could
reduce costs for local authorities in considering licence
applications and hence reduce the licence costs for site
owners.

Costs

34. Applying a fit and proper person test will enable
authorities to identify, and decide not to licence, those who are
not appropriate people to be site owners. Such people are more
unlikely to comply with licence conditions. Not having a fit and
proper person test would therefore be likely to lead to increased
costs for enforcement action, as local authorities would be likely
to have to use such measures.

Option 5 - introduce the whole package of
reforms.

Sectors and Groups Affected

35. We believe that each of the options we have considered will
affect the following groups to a greater or lesser extent:

site owners

residents

local authorities

Benefits

36. This option would introduce a level playing field for all
site owners, whether existing or new entrants to the market. A
charge for site licences and enhanced enforcement powers will
provide local authorities with the funding and scope to take
proportionate action to tackle problems with sites.

Costs

37. This option would introduce a licence fee for site owners to
pay, covering the cost of issuing them a site licence. It would
also allow local authorities to recover the costs of additional
enforcement action from the site owners involved, following a
'polluter pays' principle.

Scottish Firms Impact Test

38. To understand more clearly the impact that the proposed
changes might have on businesses, the following work was carried
out:

on-going engagement with industry bodies on the Residential
Mobile Home Stakeholder Working Group;

a survey sent to site-owners of residential, holidays, and
mixed parks;

direct interviews with site-owners;

interviews with local authority officials responsible for
mobile home parks.

39. Discussions with businesses, their representatives, and the
analysis of the survey sent to site owners in Scotland provided
important input into our consideration of the impact of the
proposed changes on business. The
BH&
HPA were part
of the Residential Mobile Homes Stakeholder Working Group, and were
involved in discussions about the impact of the proposals and their
possible effect on businesses. The proposals were discussed by the
Working Group as they developed, and
BH&
HPA were part
of the consideration and discussion in those meetings. In addition
to this on‑going engagement four people were interviewed
about the impact of the changes: two local authority officials
involved in site licensing, and two site owners of permanent mobile
home sites. 23 businesses also responded to a survey by the
Scottish Government's Analytical Services, which provided important
data about the proposals and their impact on businesses (see below
for further detail).

Number and Type of Businesses affected

40. Research into the mobile home industry in Scotland was
carried out by the Scottish Government's Communities Analytical
Services. The analytical work consisted of desk research, a survey
sent to site-owners, and in-depth interviews with local
authorities' officials. While the number of respondents to the
survey (at 23) was relatively small the survey still provided an
important insight into the industry. It found that:

100% of residential sites who answered the survey were family
businesses.

sales of new units were down by 40% from 2010 to 2011.

sales of resale units (where site owners can take up to 10%
commission on a resident selling their mobile home) were up by
17% from 2010 to 2011.

73% of site-owner's income came from pitch fees.

the average annual pitch fee for residential sites was
£1,338.

41. For residential parks around 75% of respondents' total
turnover was coming from pitch fees. This is higher than the
percentage found in research published by The Office of the Deputy
Prime Minister, which found only 42% of site owners' income came
from pitch fees
[5] . However that research was carried out in 2002 (before the
economic downturn), and did not include sites in Scotland. Given
the changed economic situation since 2002 it is therefore likely
that pitch fees have become a more significant part of the income
stream for site owners.

42. In relation to the different sizes of mobile home sites, the
research found that:

Number of units

Percentage of sites

Up to 10

8%

11 to 50

70%

51 to 75

8%

76 to 100

11%

100+

3%

43. 78% of residential mobile home parks in Scotland are
therefore small to medium sized (1 to 50 units). Consumer Futures
research
[6] also found that the majority of sites have fewer than 50
units.

44. In terms of impact on the competitiveness of Scottish
companies within the
UK our proposed changes
are broadly similar to those that have been introduced in England
and in Wales. The Mobile Homes Act 2013 established a new system
for mobile home licensing in England, with many elements similar to
our proposals. The Welsh Assembly also passed an Act in 2013 that
created a stronger site licensing system in Wales. We believe the
changes in Scotland will benefit the many well-run businesses in
the sector, as it will prevent them from being undercut by
unscrupulous site owners who exploit the weaknesses in the current
legislation.

Costs and Benefits to Business

45. Under our proposals, the cost of providing a site licence
will reflect the activities a local authority carries out to issue
or renew a licence This cost will vary, depending on factors such
as the size and geography of a local authority (
e.g. local authorities of a
bigger size and with mobile home parks dispersed across their
territory would incur in higher transportation cost when visiting
the parks), as well as the manner in which individual local
authorities decide to undertake the tasks involved. For this reason
the 2014 Act gives Ministers the power to set out the factors local
authorities need to take into account when deciding on the licence
fees, allowing a reasonable degree of flexibility. The Act also
gives Ministers the power to set a maximum licence fee. Based on
the research and the interviews undertaken, it is estimated that
the fee associated with granting the licence to the residential
mobile home parks would be approximately £600. The cost of
renewing a licence will be calculated on the same basis (that is
the costs incurred by a local authority in determining a renewal
application). These costs may well be less than the cost of issuing
a first licence if, for example, a local authority does not believe
a site visit is required for renewal decisions.

Tasks

Indicative Time
(days Full Time Equivalent)

Indicative Salary
(including National Insurance
and other contributions)

Cost per day

Cost

Total Cost

Statutory minimum application criteria

Receiving, logging, and electronically
storing information relating to the application

0.5

£35,000

£95.89

£47.95

£109.59

Checking and authorising

0.5

£45,000

£123.29

£61.64

Fit and Proper Person Test

Compiling information, reviewing
records

1

£45,000

£123.29

£123.29

£123.29

Visiting site

Transport costs (distance)

N/A

£80.00

£381.37

Visit x 2 officials

2

£35,000

£95.89

£191.78

Reporting

0.5

£35,000

£95.89

£47.95

Informing site owner

0.5

£45,000

£123.29

£61.64

Total Cost

£614.25

Statutory minimum application criteria

£109.59

Fit and Proper Person Test

£123.29

Visiting site

£381.37

46. The main income streams for site owners consists of income
received from pitch fees, sale of new mobile homes, and commission
from the re-sales of existing mobile homes on a site. Information
taken from the survey sent to site owners in Scotland helps us to
calculate the approximate turnover of the industry. As mentioned in
paragraph 41, pitch fees represent a significant part of the total
income earned by the site-owners. There is a therefore direct link
between the size of the a site (measured as the number of units)
and the capacity of a site owner to absorb the cost of the licence
fee. We have modelled the impact of a licence fee of £614 on
the turnover of residential mobile home parks of varying size, with
the findings set out below:

Size (units)

5

10

20

40

50

70

80

5 years' revenue

£45,821

£91,643

£183,288

£366,575

£458,220

£641,506

£733,150

Fee impact

1.3%

0.6%

0.3%

<0.2

<0.2%

<0.1%

<0.1%

47. In the context of the overall revenue for a site £611
over 5 years is a very small figure. It is 1.3% of the turnover of
a site with 5 units, and for the large majority of sites (with
20-50 units) it is 0.3% or less of a site's turnover. It is also
important to note that a site owner will be able to pass the cost
of the licence fee onto to site residents, minimising further the
costs to the site owner.

48. Our intention is that the new enforcement regime should be
cost neutral for local authorities. Local authorities will be able
to reclaim the costs of enforcement action from those site owners
they take such action against. As site owners should already be
complying with the licence conditions set by local authorities,
legitimate and well-run sites should incur no extra costs. The cost
of enforcement action is therefore fully avoidable by site owners
if they ensure they comply with licence conditions, and take any
action required in a timely way.

49. The broad purpose of the changes is to create a mobile home
site licensing system that enables poor site standards and
behaviour by site owners to be tackled, bringing benefits to
residents (who are often elderly). However as discussed above we
believe the changes will also assist legitimate businesses, by
reducing the opportunities for them to be undercut by site owners
who do not provide an appropriate level of service and facilities.
We originally intended to introduce licences that a 3 year term.
However, in light of the representations by the industry (and
others) during the passage of the 2014 Act we tabled an amendment,
passed by the Parliament, so that site licences have a 5 year term.
This amendment helped to further reduce the costs of the new
licensing system to well-run businesses.

Competition Assessment

50. While these proposals will affect site owners, we anticipate
they will have no impact on competition within the residential
mobile homes market. The changes will apply equally to all sites.
Local authorities will set fees for their areas, reflecting the
local conditions in their areas and may set lower fees for smaller
businesses. Ministers will have scope to set out matters to be
taken into account in setting licence fees and this will ensure a
consistent approach to the setting of licence fees across Scotland.
The improved standards of safety, facilities, and management that
are an intended result from the proposals would help to ensure that
site owners who are already providing a good service are not
undercut by those who may not be doing so, thus help to promote
fairer competition in the sector.

Test run of business forms

51. No new statutory business forms will be brought in with the
implementation of the proposed legislation.

Legal Aid Impact Test

52. We anticipate any rise in the demands placed on the legal
system as a result of these proposal would be slight. The sector
concerned is a small one, and the main parties concerned in any
legal action (site owners and local authorities) are generally
sufficiently well‑resourced not to be dependent on legal aid.
We therefore think that any impact on legal aid expenditure will be
very minimal.

Enforcement, sanctions and monitoring

53. An effective enforcement regime is a key part of our
proposals. We consulted on giving local authorities a range of
tools they can use to enforce licence conditions and tackle
problems with site owners or site quality. These were:

Improvement Notices

Penalty Notices

power to enter site and carry out work

revocation of site licences

a significantly increased fine

Option 1- Do Nothing.

Under this option the current enforcement mechanisms would
remain in place.

Option 2 - Change the system for new sites only, and leave
already licensed sites under the current regime.

This option would require creating the enforcement mechanisms
set out in our proposals, to implement the new regime for new
sites. Enforcement would be carried out by local authorities, with
costs being recovered from those site owners against whom action
had to be taken.

This option would require creating the enforcement mechanisms
set out in our proposals. Enforcement would be carried out by local
authorities, with costs being recovered from those site owners
against whom action had to be taken.

Option 4 - Create time limited licences and strengthened
enforcement, but do not introduce the fit and proper person
test.

This option would require creating the enforcement mechanisms
set out in our proposals, to implement the new regime for new
sites. While with no fit and proper person test enforcement action
might be used less often, when it was necessary it would be carried
out by local authorities, with costs being recovered from those
site owners against whom action had to be taken.

Option 5 - Introduce the whole package of
reforms.

This option would require creating the enforcement mechanisms
set out in our proposals. Enforcement would be carried out by local
authorities, with costs being recovered from those site owners
against whom action had to be taken.

Implementation and delivery plan

54. The mobile home site licensing system changes were
considered and passed by the Scottish Parliament as part of the
Housing (Scotland) Act 2014. Following the passing of the Act
Scottish Government officials developed proposals for the detailed
working of the licensing system, which would be reflected in
Regulations made under the Act. The Scottish Government consulted
on proposals for the draft Regulations from November 2015 to
February 2016. The final version of the Regulations will be
considered by Parliament in winter 2016. Alongside the Regulations
the Scottish Government will publish statutory guidance on the new
licensing system for local authorities, and information on the
Scottish Government website for site owners and residents. It is
planned that the new licensing system will come into force on 1 May
2017.

Post-implementation review

55. Scottish Government officials will consult with stakeholders
(including local authorities and site owners) to review the
operation of the new arrangements. We will formally review the
relevant legislation within 10 years of it coming into force, to
ensure it is still fit for purpose.

Summary and recommendation

56. We have consulted on a package of measures for establishing
a site licensing proposals. That consultation found that a key
concern of the industry was that a new site licensing system should
not apply to mobile homes that are not used as permanent homes,
such as those only used for holidays. We listened to that concern,
and our proposals will only apply to mobile homes that have
permanent residents. However there are clearly weaknesses and flaws
in the current legislation, which are open to exploitation by
unscrupulous site owners, and we believe our proposals will create
a robust, proportionate, and modern site licensing system in line
with those used in relation to other forms of accommodation.

Summary of Broad Costs and Benefits

Option

Benefits

Costs

Do Nothing.

No additional costs.

Problems and issues with the current arrangements would
continue.

Change the system for new sites only, and leave
already licensed sites under the current
regime.

No additional costs incurred for existing
businesses.

Create an inequitable situation in the sector, with
already licensed sites subject to a less rigorous and
effective regime. New entrants into the market would
potentially be at disadvantage, as requirements could be
made of them that were not made of already existing sites.
Problems with the current licensing regime would also
continue for existing sites.

Keep the perpetual licence but strengthen the
enforcement regimes.

Lower costs for site owners, as the requirement to
regularly reapply for a licence would be removed.

Local authorities would not have regular licence
renewals that provided an opportunity to regularly review
sites. This could lead to authorities have greater need to
use tools such as Penalty Notices and Improvement Notices,
with the associated costs for site owners and local
authorities.

Create time limited licences and strengthened
enforcement, but do not introduce the fit and proper person
test.

Non introduction of the fit and proper person test would
reduce costs for site owners and local authorities of the
new regime.

Applying a fit and proper person test enables
authorities to refuse to licence people who are not, or
would not be, appropriate as site owners. Such people are
more unlikely to comply with licence conditions. Not having
a fit and proper person test could therefore lead to
increased costs for enforcement action, as authorities
would be more likely to have to use such measures.

Introduce the whole package of
reforms.

This option introduces a level playing field for all
site owners, whether existing or new entrants to the
market. It also fully addresses the faults with the current
licensing system.

This would introduce a fee for site owners to pay,
covering the cost of issuing them a site licence. It would
also allow local authorities to recover the costs of
enforcement action from the site owners involved, following
a 'polluter pays' principle.

Costs for the Scottish Government

(
no additional costs).

Costs for the Scottish Court and Tribunals Service

(The new licensing system provides for site licence
applicants and others to appeal against the decisions of a
local authority. This will create
minimal costs for the
SCTS,
with cases being heard by a sheriff under the summary
application procedure, with the usual court fees
applying.)

Costs for local authorities

(costs of providing licences to be covered by licence
fee, and costs of enforcement action to be recovered from
site owners concerned, so overall
cost neutral to local authorities).

Costs for site owners

(Approximately
£600 per licence over 5 years.
Enforcement costs avoidable by complying with licence
conditions).

Declaration and publication

I have read the impact assessment and I am satisfied that (a) it
represents a fair and reasonable view of the expected costs,
benefits and impact of the policy, and (b) that the benefits
justify the costs I am satisfied that business impact has been
assessed with the support of businesses in Scotland.

Signed:

Date:

Kevin Stewart
MSPMinister for Local Government and Housing

Scottish Government Contact point:

Ben HaynesBetter Homes DivisionDirectorate for Housing and Social Justice